Martinez, CA Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Restrictions
- CA Food & Ag Code §31683 preempts breed bans
- Signage
- Behavior-based designation only
- Potentially dangerous:
- Potentially dangerous: muzzle, enclosure, $100K insurance
- Animals
- Vicious dog may face destruction order
- Fees/Costs
- Hearing before Contra Costa County officer
Summary
Martinez follows California Food & Agricultural Code §31683, which preempts breed-specific legislation: dangerous dog designation is based on behavior only. Dogs that bite or threaten people or other animals may be declared dangerous or vicious through a hearing process, with requirements including muzzling, secure enclosures, liability insurance, and signage. Vicious dog designations can result in destruction orders.
31683. Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs. Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as to breed. (Amended by Stats. 2005, Ch. 668, Sec. 1. Effective January 1, 2006.)
Full Breakdown
California Food & Agricultural Code §31683 explicitly preempts all local breed-specific legislation. Martinez cannot and does not ban pit bulls, Rottweilers, or any other breed. Dangerous dog determinations are behavior-based under California Food & Agricultural Code §31601-31683 and Contra Costa County Code. A dog may be declared 'potentially dangerous' if it engages in unprovoked aggressive behavior requiring defensive action, kills or injures a domestic animal off the owner's property, or bites a person causing minor injury. 'Vicious' designation applies to dogs that severely injure or kill a person or have prior potentially dangerous status with additional aggressive acts.
The designation process includes a hearing before a Contra Costa County hearing officer with notice to the owner. Requirements for potentially dangerous dogs include: secure enclosure, muzzling in public, posting 'Beware of Dog' signs, $100,000 liability insurance, microchipping, and spay/neuter. Vicious dog owners face the same requirements plus additional conditions and possible destruction orders. Violation of dangerous dog requirements is a misdemeanor punishable by up to $1,000 fine and/or 6 months jail. Mandatory spay/neuter programs targeting specific breeds are allowed under CA Health & Safety Code §122331 but Martinez has not adopted one.
Frequently Asked Questions
Are pit bulls banned in Martinez?
What happens if my dog bites someone?
Sources & Official References
Other rules in Martinez
How Martinez compares: Cities with No Dog Breed Restrictions·California rules heatmap·Compare Martinez to another location·View the California animal ordinances overview
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Breed Restrictions in Nearby Cities
How other cities in Contra Costa County handle breed restrictions.